Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 - Secretary of State for Work and Pensions v Margita Punakova

(Case C-148/11)

Language of the case: English

Referring court

Upper Tribunal

Parties to the main proceedings

Applicant: Secretary of State for Work and Pensions

Defendant: Margita Punakova

Questions referred

In circumstances where a claimant:

(a)    is a citizen of the Czech Republic;

(b)     came to the United Kingdom before her country acceded to the EU;

(c)     remained here following accession;

(d)     thereafter established herself in self-employment under Article 49 TFEU (ex. Article 43 TEC);

(e)     is no longer in self-employment; and

(f)     is the primary carer of a child who entered general education while she was established in self-employment,

does the claimant have a right to reside in the United Kingdom on the basis that:

(a)     Regulation 1612/68¹ applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091, London Borough of Harrow v Ibrahim (Case C-310/08) and Teixeira v London Borough of Lambeth (Case C-480/08);

(b)     there is a general principle of EU law that equates the position of workers and the self-employed;

(c)     it would impede or deter the freedom of establishment if the claimant did not have a right to reside; or

(d)     some other basis?

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¹ - OJ L 257, p. 2